How long do I have to move out after being evicted?

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How long do I have to move out after being evicted?

My fiance and I signed a 1 year lease agreement. When the lease expired we never signed a renewal. A few months later I lost my job and have been on unemployment, I notified the landlord I was laid off that rent may be occasionally late a day or so. Then 2 months ago my fiance was laid off part time and we did not have the money to pay rent, we had barely enough to pay electric and food. Today the landlord sent us a letter saying we have 5 days to pay both this and last month’s rent or the lease will be terminated. Does that mean we then have 30 days to move out?

Asked on January 5, 2012 under Real Estate Law, Delaware

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The notice you received from your landlord is an opportunity for you to pay what is owed for accrued rent and if not, he or she will deem that you are in breach of your lease and very well will serve you with an unlawful detainer action to evict you from the rental you are occupying.

Your options are to pay what is owed, not pay and simply leave on your own, not pay and continue occupying the rental expecting a lawsuit to evict you. Presently you do not have to vacate. However, if you do not pay the owed rent, you will most likely be subject to a lawsuit and a possible court order after a trial ordering you to vacate.

 


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